S T A T E O F N E W Y O R K
________________________________________________________________________
6753
2009-2010 Regular Sessions
I N A S S E M B L Y
March 12, 2009
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Introduced by M. of A. BENJAMIN -- read once and referred to the Commit-
tee on Transportation
AN ACT to amend the vehicle and traffic law, in relation to the option
of diabetic individuals to request a special diabetic persons license
plate, hang tag and/or license
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The vehicle and traffic law is amended by adding a new
section 404-aa to read as follows:
S 404-AA. REGISTRATION OF VEHICLES OF DIABETIC PERSONS. 1. REGISTRA-
TION OF MOTOR VEHICLES OWNED BY DIABETIC PERSONS. THE COMMISSIONER SHALL
ASSIGN, TO SUCH MOTOR VEHICLES, UPON THE REQUEST OF THE DIABETIC PERSON,
A DISTINCTIVE PLATE AND ISSUE AND DELIVER IN SUCH MANNER AS THE COMMIS-
SION MAY SELECT TO THE OWNER A CERTIFICATION OF REGISTRATION, IN SUCH
FORM AS THE COMMISSIONER SHALL PRESCRIBE AND TWO NUMBER PLATES, CALLED
DIABETIC PERSON PLATES. SAID DIABETIC PERSON PLATES SHALL CONFORM TO THE
REQUIREMENTS OF SECTION FOUR HUNDRED ONE OF THIS ARTICLE, BUT SHALL BEAR
DISTINCTIVE MARKS TO DISTINGUISH THEM FROM NUMBER PLATES TO BE ISSUED TO
OTHER PERSONS, QUALIFYING UNDER THIS CHAPTER. WHERE A DIABETIC PERSON
OWNS MORE THAN ONE VEHICLE, THE COMMISSIONER SHALL ISSUE ONE SET OF
PLATES FOR EACH ADDITIONAL VEHICLE USED BY SUCH DIABETIC PERSON.
2. ISSUE OF PLATES. THE COMMISSIONER SHALL ISSUE SETS OF PLATES TO
SUCH PERSON IN ACCORDANCE WITH SUBDIVISION ONE OF THIS SECTION WITH
PROOF OF HIS OR HER DIABETIC CONDITION CERTIFIED BY A PHYSICIAN, PHYSI-
CIAN'S ASSISTANT OR NURSE PRACTITIONER, TO THE EXTENT AUTHORIZED BY LAW,
AND CONSISTENT WITH ANY WRITTEN PRACTICE AGREEMENT, TO THE SATISFACTION
OF THE COMMISSIONER WHO IS EMPOWERED TO CARRY OUT THE EFFECT OF THIS
SECTION BY FORMULATING RULES AND REGULATIONS.
3. FEE REQUIREMENTS. AS PROVIDED IN SECTION FOUR HUNDRED ONE OF THIS
ARTICLE, THE REGISTRATION AND DIABETIC PERSON PLATES SHALL BE ACCOMPA-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06165-01-9
A. 6753 2
NIED ONLY BY THE REQUIRED FEE OTHERWISE REQUIRED TO BE FOR VEHICLE
REGISTRATION.
4. APPLICATION FOR REGISTRATION. (A) THE APPLICATION FOR REGISTRATION
UNDER THIS SECTION SHALL BE FILED WITH THE COMMISSIONER IN SUCH FORM AND
DETAIL AS THE COMMISSIONER SHALL PRESCRIBE, SETTING FORTH SUCH INFORMA-
TION AS THE COMMISSIONER MAY REASONABLY PRESCRIBE BEYOND SUCH INFORMA-
TION REQUIRED UNDER SECTION FOUR HUNDRED ONE OF THIS ARTICLE.
(B) THE COMMISSIONER MAY REQUIRE THE APPLICANT FOR REGISTRATION TO
FURNISH SUCH PROOF OF HIS OR HER DIABETIC CONDITION FROM A PHYSICIAN,
PHYSICIAN'S ASSISTANT OR NURSE PRACTITIONER, TO THE EXTENT AUTHORIZED BY
LAW, AND CONSISTENT WITH ANY APPLICABLE WRITTEN PRACTICE AGREEMENT, AS
THE COMMISSIONER DEEMS NECESSARY EITHER FOR INITIAL REGISTRATION OR
RENEWAL THEREOF.
(C) APPLICATION UNDER THIS SECTION SHALL ONLY APPLY TO A VEHICLE
SUBJECT TO REGISTRATION PURSUANT TO SUBDIVISION SIX OF SECTION FOUR
HUNDRED ONE OF THIS ARTICLE.
5. DIABETIC PERSON HANG TAG. (A) THE COMMISSIONER SHALL ISSUE A
DIABETIC PERSON HANG TAG TO DIABETIC PERSONS, UPON THE REQUEST OF SUCH
PERSONS.
(B) THE COMMISSIONER SHALL CAUSE THE TAG TO BE DESIGNED IN SUCH FORM
AND DETAIL AS THE COMMISSIONER SHALL PRESCRIBE, PROVIDED, HOWEVER THAT
SUCH TAG SHALL SPECIFICALLY ALERT OTHERS THAT THE DRIVER OF THE VEHICLE
IS AFFLICTED WITH DIABETES AND MAY BE SUFFERING FROM HYPOGLYCEMIA, OR
"DIABETIC SHOCK".
(C) THE COMMISSIONER MAY REQUIRE THE PERSON REQUESTING SUCH TAG TO
PROVIDE PROOF OF HIS OR HER DIABETIC CONDITION CERTIFIED BY A PHYSICIAN,
PHYSICIAN'S ASSISTANT OR NURSE PRACTITIONER, TO THE EXTENT AUTHORIZED BY
LAW, INCLUDING THE EDUCATION LAW, AND CONSISTENT WITH ANY WRITTEN PRAC-
TICE AGREEMENT, TO THE SATISFACTION OF THE COMMISSIONER WHO IS EMPOWERED
TO CARRY OUT THE EFFECTS OF THIS SECTION BY FORMULATING RULES AND REGU-
LATIONS.
S 2. The vehicle and traffic law is amended by adding a new section
504-a to read as follows:
S 504-A. DIABETIC PERSON LICENSE. 1. THE COMMISSIONER SHALL ISSUE A
DIABETIC PERSON LICENSE TO DIABETIC PERSONS, UPON THE REQUEST OF SUCH
PERSONS. THE COMMISSIONER SHALL CAUSE SUCH LICENSE TO BEAR A DISTIN-
GUISHING MARK, DESIGNED TO THE SATISFACTION OF THE COMMISSIONER, TO
ALERT OTHERS THAT THE PERSON CARRYING SUCH LICENSE IS AFFLICTED WITH
DIABETES AND MAY BE SUFFERING FROM HYPOGLYCEMIA OR "DIABETIC SHOCK".
2. THE COMMISSIONER MAY REQUIRE THE PERSON REQUESTING SUCH LICENSE TO
PROVIDE PROOF OF HIS OR HER DIABETIC CONDITION CERTIFIED BY A PHYSICIAN,
PHYSICIAN'S ASSISTANT OR NURSE PRACTITIONER, TO THE EXTENT AUTHORIZED BY
LAW, INCLUDING THE EDUCATION LAW, AND CONSISTENT WITH ANY WRITTEN PRAC-
TICE AGREEMENT, TO THE SATISFACTION OF THE COMMISSIONER WHO IS EMPOWERED
TO CARRY OUT THE EFFECT OF THIS SECTION BY FORMULATING RULES AND REGU-
LATIONS.
S 3. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.